Fiscal Year 2023 List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024 Programmatic Targets, 54649-54654 [2023-17192]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
Excluded Entities
DEPARTMENT OF THE INTERIOR
Applicant entities identified in the
SAM.gov Exclusions database as
ineligible, prohibited/restricted or
excluded from receiving Federal
awards, certain subawards, and certain
Federal assistance and benefits, will not
be considered for Federal funding, as
applicable to the funding being
requested under this Federal program.
Bureau of Indian Affairs
Registration in ASAP With BIA
Although a Tribe or Indian
Organization may be registered in in the
ASAP already with another agency, it
must be specifically enrolled with the
BIA. To register in ASAP, an enrollment
form must be completed and emailed to
Jo Ann Metcalfe at jo.metcalfe@bia.gov.
As soon as the Tribe or Indian
Organization is enrolled, a user ID will
be emailed to the point of contact listed
on the enrollment form. Next, a
password will automatically be mailed
by USPS to the Tribe or Indian
Organization, but you can call the ASAP
Help Desk at 855–868–0151 and press 2
then 3 to reach an agent who can help
to request a password via email to
expedite the process. Upon receiving a
password, you will then have access to
your online ASAP account for setup. To
complete the enrollment, call the ASAP
Help Desk again and remain on the line
with them while they assist you in
setting up and linking the Tribe’s
banking information to BIA’s Agency
Locator Code (ALC/Region). BIA’s ALC
is 14200699. Once this is completed,
you will receive a confirmation email
and it will take the Treasury 5–10
business days to approve your ASAP
enrollment with BIA. This process only
needs to be done once and does not
need to be regularly updated unless the
individual who had the primary role for
the Tribe or Tribal organization in
ASAP set-up changes.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–17194 Filed 8–10–23; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 4337–15–P
VerDate Sep<11>2014
16:59 Aug 10, 2023
Jkt 259001
[234A2100DD/AAKC001030/
A0A501010.999900]
Fiscal Year 2023 List of Programs
Eligible for Inclusion in Funding
Agreements Negotiated With SelfGovernance Tribes by Interior Bureaus
Other Than the Bureau of Indian
Affairs; Fiscal Year 2024 Programmatic
Targets
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
This notice lists: fiscal year
2024 programmatic targets for each of
the non-Bureau of Indian Affairs (BIA)
bureaus in the Department of the
Interior (Department), pursuant to title
IV of the Act, as amended, and list of
fiscal year 2023 programs or portions of
programs eligible for inclusion in selfgovernance funding agreements with
Indian Tribes. Revisions to this list are
based upon feedback received during
Tribal Consultations held in January
2023 on what information would be
most helpful to Indian Tribes seeking
ways to develop collaborative
arrangements in the co-stewardship of
Federal lands and waters.
DATES: Programs on this list are eligible
for inclusion in self-governance funding
agreements until September 30, 2024.
ADDRESSES: Inquiries or comments
regarding this notice may be directed to
the bureau-specific points of contact
listed below.
FOR FURTHER INFORMATION CONTACT:
Contacts from the following bureaus and
offices are available to answer
questions:
• Office of Self Governance: Vickie
Hanvey, Program Policy Analyst, Office
of Self Governance; telephone: (918)
931–0745; email: vickie.hanvey@
bia.gov.
• Bureau of Land Management: Byron
Loosle, Division Chief for National
Conservation Lands; telephone: (202)
302–1442; email: bloosle@blm.gov.
• Bureau of Reclamation: Mr. Kelly
Titensor, Native American Affairs
Advisor; telephone: (202) 513–0558;
email: ktitensor@usbr.gov.
• Office of Natural Resources
Revenue: Bethany Hagen-Templin,
Tribal Liaison Officer; telephone: 303–
231–3667; email:
onrrtriballiaisonofficer@onrr.gov.
• National Park Service: Dorothy
FireCloud, Native American Affairs
Liaison; telephone: (202) 354–2090;
email: dorothy_firecloud@nps.gov.
• U.S. Fish and Wildlife Service: Scott
Aikin, National Native American
SUMMARY:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
54649
Programs Coordinator; telephone:(202)
285–3411; email: scott_aikin@fws.gov.
• U.S. Geological Survey: Chris
Hammond, Head, Office of Tribal
Relations: telephone: (703) 648–6621;
email: chammond@usgs.gov.
• Bureau of Trust Funds
Administration: Lee Frazier, Program
Analyst; telephone: (202) 208–7587;
email: lee_frazier@btfa.gov.
• Appraisal and Valuation Services
Office (AVSO): Eldred F. Lesansee,
Associate Deputy Director, Office of
Tribal Sovereignty; telephone: (505)
414–3805; email: eldred_lesansee@
ios.doi.gov.
Alternatively, inquiries may also be
submitted by mail to: Director, Office of
Self Governance, 1849 C Street NW—
3624 MIB. U.S. Department of the
Interior, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: Title IV of
the Indian Self-Determination and
Education Assistance Act (Act), Public
Law 93–638, instituted a permanent
self-governance program for each of the
Department bureaus other than the BIA.
Under the self-governance program,
certain programs, services, functions,
and activities, or portions thereof, in
Department bureaus other than the BIA
are eligible to be planned, conducted,
consolidated, and administered by a
self-governance Tribe.
Section 412(c) of the Act requires the
Secretary of the Interior (Secretary) to
annually publish a list of, and
programmatic targets for, non-BIA
programs, services, functions, and
activities, or portions thereof, that are
eligible for inclusion in agreements
negotiated under the self-governance
program.
I. Background
Two kinds of non-BIA programs are
eligible for self-governance funding
agreements. section 403(b)(2) of the Act
provides that any non-BIA program,
service, function, or activity that is
administered by the Department that is
‘‘otherwise available to Indian tribes or
Indians’’ can be administered by a Tribe
through a self-governance funding
agreement. The Department interprets
this provision to authorize the inclusion
of programs eligible for selfdetermination contracts under title I of
the Act. Section 403(b)(2) also specifies,
‘‘nothing in this subsection may be
construed to provide any tribe with a
preference with respect to the
opportunity of the tribe to administer
programs, services, functions, and
activities, or portions thereof, unless
such preference is otherwise provided
for by law.’’ Section 403(c) of the Act
adds that the Secretary may include
other programs, services, functions, and
E:\FR\FM\11AUN1.SGM
11AUN1
54650
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
activities or portions thereof that are of
‘‘special geographic, historical, or
cultural significance’’ to a participating
self-governance Tribe. Subpart G of the
self-governance regulations (25 CFR
1000) provides the process and
timelines for negotiating self-governance
funding agreements with non-BIA
bureaus.
Section 403(k) of the Act provides
that funding agreements may not
include programs, services, functions, or
activities that are inherently Federal or
where the statute establishing the
existing program does not authorize the
type of participation sought by the
Tribe. However, an Indian Tribe (or
Tribes) need not be identified in the
authorizing statutes in order for a
program or element of a program to be
included in a self-governance funding
agreement. While general legal and
policy guidance regarding what
constitutes an inherently Federal
function exists, the non-BIA bureaus
will determine whether a specific
function is inherently Federal on a caseby-case basis considering the totality of
circumstances.
II. Principles Governing Non-BIA SelfGovernance Programs Eligible for
Inclusion in Self-Governance Funding
Agreements
In January 2023, the Assistant
Secretary—Indian Affairs held three
Tribal Consultations on what
information would be most helpful to
Indian Tribes seeking ways to develop
collaborative arrangements in the costewardship of Federal lands and
waters. The Department received three
oral comments and two written
comments:
• Two of the oral comments asked for
the location of the list of non-BIA
programs. This Federal Register
constitutes the Department’s listing of
eligible programs. The Department
welcomes feedback on ways in which
the list may be further improved. The
final oral comment asked that any future
list identify all non-BIA programs which
may be eligible for integration into a
Tribal plan under Public Law 102–477.
The Department is unable to determine
whether implementation of a non-BIA
program in a specific instance would
meet the purposes set forth in 25 U.S.C.
3404(a)(1)(A), before a Tribe proposes
integration. Nevertheless, the
Department is firmly committed to
promoting Tribal sovereignty through
the integration of programs and funds
from the Department of the Interior in
a Tribal plan under Public Law 102–
477, including from non-BIA programs.
• The first written comment was from
the Department’s Appraisal and
VerDate Sep<11>2014
16:59 Aug 10, 2023
Jkt 259001
Valuation Services Office (AVSO). That
comment shared that one Tribe has
assumed AVSO’s operations, that AVSO
has not experienced significant growth
of Tribes contracting, and that AVSO
believes additional guidance on the
principles governing contracting, selfgovernance agreements, and compacting
under the Act should be included in the
List.
• The second written comment was
from a Tribe and asked that agencies
strive for consensus with Tribes and a
mutually desired outcome. The Tribal
comment also asks that the List include
all current and expired contracts and
compacts, establish a searchable
database of all funding agreements and
compacts, designate self-governance
contacts in all Department bureaus, and
create a guidance document for non-BIA
self-governance programs.
Based on feedback from Consultation,
the Department includes in this year’s
Federal Register Notice general
guidance on principles governing nonBIA self-governance programs eligible
for inclusion in self-governance funding
agreements. As a foundational matter,
self-governance compacts may include
federal programs, services, functions, or
activities administered by the
Department other than through the
Bureau of Indian Affairs that are
otherwise available to Indian tribes or
Indians. Self-governance compacts may
also include other programs, services,
functions, and activities, or portions
thereof which are of special geographic,
historical, or cultural significance to the
participating Indian tribe requesting a
compact. The Department has
interpreted this language as granting the
government discretion to fund programs
that may coincidentally benefit Indians
but that are national in scope and are
not by definition programs for the
benefit of Indians because of their status
as Indians.
Pursuant to S.O. 3403, the
Departments’ agencies have a directive
to facilitate agreements with Tribes to
collaborate in the co-stewardship of
Federal lands and waters and to
strengthen Tribal homelands. Pursuant
to Executive Order 13175, the
Department supports Tribal sovereignty
and self-determination, and encourages
Indian Tribes to develop their own
policies to achieve the objectives of the
Act for non-BIA Programs. Where
possible, the Department will defer to
Indian Tribes to establish standards for
non-BIA Programs. Together, these
policy documents demonstrate, and the
Department reiterates, a desire to further
inclusion of non-BIA programs in selfgovernance funding agreements.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
III. Programmatic Target for Fiscal
Year 2024
The programmatic target for fiscal
year 2024 provides that, upon request of
a self-governance Tribe, each non-BIA
bureau will negotiate funding
agreements for its eligible programs
beyond those already negotiated.
Self-governance compacts may
include programs, services, functions, or
activities administered by the
Department other than through the BIA
that are otherwise available to Indian
tribes or Indians and may also include
other programs, services, functions, and
activities, or portions thereof,
administered by the Secretary of the
Interior which are of special geographic,
historical, or cultural significance to the
participating Indian tribe requesting a
compact. This grants the Department the
discretion to fund programs that may
coincidentally benefit Indians but that
are national in scope and are not by
definition programs for the benefit of
Indians because of their status as
Indians.
This section lists by bureau examples
of the types of non-BIA programs, or
portions thereof, that may be eligible for
self-governance funding agreements
because they are either ‘‘otherwise
available to Indians’’ under title I of the
Act and not precluded by any other law,
or that may have ‘‘special geographic,
historical, or cultural significance’’ to a
participating Tribe. The list represents
examples of the programs that may be
available to Tribes under a selfgovernance funding agreement, and is
neither complete, exhaustive, nor
indicative of a final determination on
any program.
The Department may include in
funding agreements other programs or
activities not listed below which, upon
request of a self-governance Tribe, the
Department determines to be eligible
under either sections 403(b)(2) or 403(c)
of the Act. Tribes interested in doing so
are encouraged to begin discussions
with the appropriate non-BIA bureau.
The Secretary of the Interior, the
Secretary of Agriculture, and the
Secretary of Commerce have issued
Joint Secretarial Order No. 3403 on
fulfilling the trust responsibility to
Tribes in the stewardship of Federal
lands and waters. Pursuant to S.O. 3403,
the Department is committed to
facilitating agreements with Tribes for
the collaborative and cooperative
stewardship of Federal lands and
waters.
A. Eligible Bureau of Land Management
Programs
Congress tasked the Bureau of Land
Management (BLM) with a mandate of
E:\FR\FM\11AUN1.SGM
11AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
managing public lands for a variety of
uses such as energy development,
livestock grazing, recreation, and timber
harvesting while ensuring natural,
cultural, and historic resources are
maintained for present and future use.
BLM carries out some of its public land
management activities through contracts
and cooperative agreements. These and
other activities may be available for
inclusion in self-governance funding
agreements depending upon availability
of funds, the need for specific services,
and the self-governance Tribe’s
demonstration of a special geographic,
cultural, or historical significance.
Tribes may obtain further information
on specific activities that may be
available for inclusion in a selfgovernance funding agreement from the
relevant BLM State office.
Some elements of the following nonexclusive list of BLM programs may be
eligible for inclusion in a selfgovernance funding agreement:
• Minerals Management Inspection,
Enforcement, and Production.
Verification of Indian coal and sand and
gravel operations is already available for
contracting under title I of the Act and,
therefore, may be available for inclusion
in a funding agreement. In addition, in
a study conducted pursuant to
Secretarial Order 3377, the Department
of the Interior Office of the Solicitor
determined that the following functions
are available for inclusion in a funding
agreement: inspection and enforcement
of Indian oil and gas operations;
determining trust land locations;
approving applications for permits to
drill; securing and enforcing bonds (for
surface of spill estate); and providing
mineral assessments and valuation;
• Cadastral Survey. Tribal and
allottee cadastral survey services are
already available for contracting under
title I of the Act and, therefore, may be
available for inclusion in a funding
agreement;
• Cultural Heritage. Cultural heritage
activities such as research and inventory
may be available in specific States;
• Natural Resources Management.
Activities such as silvicultural
treatments, timber management, cultural
resource management, watershed
restoration, environmental studies, tree
planting, and tree thinning may be
available in specific States;
• Range Management. Activities such
as revegetation, noxious weed control,
fencing, construction and management
of range improvements, grazing
management experiments, and range
monitoring may be available in specific
States;
• Riparian Management. Activities
such as facilities construction, erosion
VerDate Sep<11>2014
16:59 Aug 10, 2023
Jkt 259001
control, and rehabilitation may be
available in specific States;
• Recreation Management. Activities
such as facilities construction and
maintenance, and interpretive design
and interpretive construction, and
similar activities may be available in
specific States;
• Wildlife and Fisheries Habitat
Management. Activities such as
construction and maintenance;
implementation of statutory, regulatory,
and policy or administrative plan-based
species protection; and interpretive
design and construction and similar
activities may be available in specific
States; and
• Wild Horse Management. Activities
such as wild horse roundups, adoption,
and disposition, including operation
and maintenance of wild horse
facilities, may be available in specific
States.
B. Eligible Bureau of Reclamation
Programs
The mission of the Bureau of
Reclamation (Reclamation) is to manage,
develop, and protect water and related
resources in an environmentally and
economically sound manner in the
interest of the American public.
Reclamation water resources projects
provide water for agricultural,
municipal, and industrial water
supplies use; hydroelectric power
generation; flood control; enhancement
of fish and wildlife habitats; and
outdoor recreation. To this end, most of
Reclamation’s activities involve the
construction, operation, maintenance,
and management of water resources
projects and associated facilities, as well
as research and development related to
Reclamation’s responsibilities. Upon the
request of a self-governance Tribe,
Reclamation will consider including
programs or activities which
Reclamation determines to be eligible
under section 403(b)(2) or 403(c) of the
Act in self-governance funding
agreements.
Some elements of the following nonexclusive list of Reclamation water
resource projects, which was developed
with consideration of their proximity to
identified self-governance Tribes, may
be eligible for inclusion in a selfgovernance funding agreement:
• Klamath Project, California and
Oregon;
• Trinity River Fishery, California;
• Central Arizona Project, Arizona;
and
• Indian Water Rights Settlement
Projects, as authorized by Congress.
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
54651
C. Eligible Office of Natural Resources
Revenue Programs
The Office of Natural Resources
Revenue (ONRR) collects, accounts for,
verifies, and distributes mineral
revenues from both Federal and Indian
mineral leases. ONRR also evaluates
industry compliance with laws,
regulations, and lease terms, and offers
mineral-owning Tribes opportunities to
become involved in ONRR programs
that address the intent of Tribal selfgovernance, providing self-governance
Tribes with good preparation for
assuming other technical functions.
ONRR program functions are generally
available to Tribes pursuant to the
Federal Oil and Gas Royalty
Management Act of 1983 (FOGRMA; 30
U.S.C. 1701 et seq.).
The following ONRR program
functions may be eligible for inclusion
in a self-governance funding agreement:
• Audit of Tribal Royalty Payments.
Audit activities for Tribal leases, except
for the issuance of orders, final
valuation decisions, and other
enforcement activities. (This program is
offered as an option for Tribes already
participating in ONRR cooperative
audits);
• Verification of Tribal Royalty
Payments. Financial compliance
verification, monitoring activities, and
production verification;
• Tribal Royalty Reporting,
Accounting, and Data Management.
Establishment and management of
royalty reporting and accounting
systems, including document
processing, production reporting,
reference data (lease, payor, agreement)
management, billing, and general ledger;
• Tribal Royalty Valuation.
Preliminary analysis and
recommendations for valuation, and
allowance determinations and
approvals; and
• Royalty Internship Program. An
orientation and training program for
auditors and accountants from mineralproducing Tribes to acquaint Tribal staff
with royalty laws, procedures, and
techniques. This program is
recommended for Tribes that are
considering a self-governance funding
agreement but have not yet acquired
mineral revenue expertise via a 30
U.S.C. 1732 cooperative agreement
(FOGRMA; Pub. L. 97–451, section 202),
as this term is defined in FOGRMA and
implementing regulations at 30 CFR
228.4.
D. Eligible National Park Service
Projects
The mission of the National Park
Service (NPS) is to preserve the
E:\FR\FM\11AUN1.SGM
11AUN1
lotter on DSK11XQN23PROD with NOTICES1
54652
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
unimpaired natural and cultural
resources and values of the National
Park System for the enjoyment,
education, and inspiration of this and
future generations.
The NPS administers the National
Park System, which provides resource
park management technical,
operational, and training assistance to
Tribal Governments. NPS consists of
420+ national parks, monuments,
historic sites, battlefields, seashores,
lake shores and recreation areas. NPS
units protect natural and cultural
resources on these Federal lands and
conduct a range of visitor services such
as law enforcement, park maintenance,
and interpretation of geology, history,
and natural and cultural resource
management.
NPS projects listed below may be
eligible for inclusion in a selfgovernance funding agreement.
Proximity to an NPS unit is not a barrier
for entering into such an agreement and
should be based on shared stewardship
goals where associated Tribal interests
are shared with unit operations. All NPS
units sit on Indigenous homelands and
bear Indigenous interests and unique
oral histories.
The list below is not all inclusive, but
is representative of the types of
elements of projects which may be
eligible for Tribal participation through
self-governance funding agreements:
• Archaeological Surveys
• Climate Change Planning, Mitigation,
and Adaptation Projects
• Comprehensive Management
Planning
• Cultural Landscape Study and
Maintenance
• Cultural Resource Management
Projects
• Ethnographic Studies
• Erosion Control
• Fire Protection and Training
• Post-Fire Stabilization and
Rehabilitation Projects
• Gathering Baseline Subsistence
Data—Alaska
• Hazardous Fuel Reduction
• Housing Construction and
Rehabilitation
• Interpretation and Education—to
Include Programs, Signage, Vendors,
Demonstrations, Multi-Media
• Interpreting Tribal History
• Janitorial Services
• Preservation and Perpetuation of
Language & Tribal Lifeways
• Maintenance
VerDate Sep<11>2014
18:11 Aug 10, 2023
Jkt 259001
• Management and Care of Museum
Collections
• Natural Resource Management
Projects
• Operation and Maintenance of
Campgrounds, Serpentine, Marinas,
and Other Administrative Facilities
• Preservation and Sharing of Cultural
and Indigenous Knowledge
• Range Assessment—Alaska
• Reindeer Grazing—Alaska
• Road and Trail Maintenance, Repairs,
and Upgrades
• Shelter Cabin Maintenance and
Upgrades
• Solid Waste Collection and Disposal
• Trail Construction and Rehabilitation
• Visitor Center services
• Youth Projects
• Watershed Assessments, Restoration
and Maintenance
• Beringia Research
• Elwha and Other River Restoration
Projects
• Recycling Projects
• Visitor Center Services
• Historic Preservation Activities
Self-governance Tribes associated to
the various NPS system units can begin
the process by writing a letter of interest
to the respective Park Superintendent.
E. Eligible U.S. Fish and Wildlife Service
Programs
The mission of the U.S. Fish and
Wildlife Service (Service) is to conserve,
protect, and enhance fish, wildlife, and
their habitats for the continuing benefit
of the American people. The Service’s
primary responsibilities involve
migratory birds, endangered species,
freshwater and anadromous fisheries,
and certain marine mammals. The
Service has continuing cooperative
relationships with several Indian Tribes
regarding the National Wildlife Refuge
System and the Service’s fish
hatcheries. Any self-governance Tribe
may contact a national wildlife refuge or
national fish hatchery directly
concerning participation in Service
programs under the Tribal SelfGovernance Act.
The following non-exclusive list of
Service programs is representative of the
types of programs that may be eligible
for inclusion in a self-governance
funding agreement:
• Subsistence programs within the
State of Alaska. Evaluate and analyze
data for annual subsistence regulatory
cycles and other data trends related to
subsistence harvest needs and facilitate
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
Tribal Consultation to ensure that title
VII terms of the Alaska National Interest
Lands Conservation Act (ANILCA; Pub.
L. 96–487) are being met, as well as
activities fulfilling the terms of title VIII
of ANILCA;
• Technical Assistance, Restoration,
and Conservation. Conduct planning
and implementation of population
surveys, habitat surveys, restoration of
sport fish, capture of depredating
migratory birds, and habitat restoration
activities;
• Endangered Species Programs.
Conduct activities associated with the
conservation and recovery of threatened
or endangered species protected under
the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) or candidate species
under the ESA. These activities may
include, but are not limited to,
cooperative conservation programs,
development of recovery plans and
implementation of recovery actions for
threatened and endangered species, and
implementation of status surveys for
high-priority candidate species;
• Education Programs. Provide
services in interpretation, outdoor
classroom instruction, visitor center
operations, and volunteer coordination
both on and off national wildlife refuge
lands in a variety of communities and
assist with environmental education
and outreach efforts in local villages;
• Environmental Contaminants
Program. Conduct activities associated
with identifying and removing toxic
chemicals, to help prevent harm to fish,
wildlife, and their habitats. The
activities required for environmental
contaminant management may include,
but are not limited to, analysis of
pollution data, removal of underground
storage tanks, specific cleanup
activities, and field data gathering
efforts;
• Wetland and Habitat Conservation
Restoration. Provide services for
construction, planning, and habitat
monitoring and activities associated
with conservation and restoration of
wetland habitat;
• Fish Hatchery Operations. Conduct
activities to recover aquatic species
listed under the ESA, restore native
aquatic populations, and provide fish to
benefit national wildlife refuges and
Tribes. Such activities may include, but
are not limited to tagging, rearing, and
feeding of fish; disease treatment; and
clerical or facility maintenance at a fish
hatchery; and
E:\FR\FM\11AUN1.SGM
11AUN1
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
• National Wildlife Refuge
Operations and Maintenance. Conduct
activities to assist the National Wildlife
Refuge System, a national network of
lands and waters for conservation,
management, and restoration of fish,
wildlife and plant resources and their
habitats within the United States.
Activities that may be eligible for a selfgovernance funding agreement may
include, but are not limited to
construction, farming, concessions,
maintenance, biological program efforts,
habitat management, fire management,
and implementation of comprehensive
conservation planning.
lotter on DSK11XQN23PROD with NOTICES1
F. Eligible U.S. Geological Survey
Programs
The U.S. Geological Survey (USGS) is
a scientific research bureau whose
mission is to monitor, analyze, and
predict current and evolving Earthsystem interactions and deliver
actionable information at scales and
timeframes relevant to decision makers.
This information is usually publicly
available and includes reports, maps,
databases, and descriptions and
analyses of the water, plants, animals,
energy, and mineral resources, land
surface, underlying geologic structure,
and dynamic processes of the earth. The
USGS does not manage lands or
resources. Self-governance Tribes may
potentially assist the USGS in the data
acquisition and analysis components of
USGS’s activities.
G. Eligible Bureau of Trust Funds
Administration Programs
Secretarial Order 3384, authorized the
establishment of the Bureau of Trust
Funds Administration (BTFA) which
reports to the Office of the Assistant
Secretary—Indian Affairs. BTFA is
responsible for the management
(receipting, investing, disbursing,
reconciling and reporting) of the
monetary assets of American Indians
held in trust by the Department of the
Interior. BTFA also maintains the
official archive of American Indian
Records. This program safeguards
millions of original historic documents
that detail the Federal Government’s
treaty obligation to Native Americans.
A Tribe operating under selfgovernance may include the following
programs, services, functions, and
activities or portions thereof, in a
funding agreement:
• Beneficiary Processes Program
(Individual Indian Money Accounting
Technical Functions). The
memorandum of understanding (MOU)
between the Tribe/Consortium and
BTFA outlines the roles and
responsibilities for the performance of
VerDate Sep<11>2014
16:59 Aug 10, 2023
Jkt 259001
the BTFA program by the Tribe/
Consortium. If those roles and
responsibilities are already fully
specified in the existing funding
agreement with the Office of SelfGovernance (OSG), an MOU is not
necessary. To the extent that the parties
desire specific program standards, an
MOU will be negotiated between the
Tribe/Consortium and BTFA, which
will be binding on both parties and
attached and incorporated into the OSG
funding agreement. If a Tribe/
Consortium decides to assume the
operation of a BTFA program, the new
funding for performing that program
will come from BTFA program dollars.
A Tribe’s newly assumed operation of
the BTFA program(s) will be reflected in
the Tribe’s OSG funding agreement.
H. Eligible Appraisal and Valuation
Services Office Programs
The mission of the Appraisal and
Valuation Services Office (AVSO) is to
provide credible, timely, and efficient
valuation services to ensure the
Department’s fiduciary responsibilities
are met for Tribes and beneficiaries in
trust and restricted-fee real property
transactions, and to uphold public trust
in Federal real property transactions.
AVSO provides appraisal, valuation,
mineral evaluation, and real property
consulting expertise to Indian
beneficiaries, Federal clients, and other
stakeholders in accordance with the
highest professional and ethical
standards and is responsible for all real
property appraisal and valuation
services within the Department of the
Interior. AVSO is comprised of three
regions (Western, Central and Eastern)
serving all of Indian Country as well as
all DOI bureaus, agencies and offices.
AVSO’s Mineral Evaluations Division is
tasked with providing mineral
assessments and evaluations for DOI.
These and other activities may be
available for inclusion in selfgovernance funding agreements
depending upon availability of funds,
the need for specific services, and the
self-governance Tribe’s demonstration
of a special geographic, cultural, or
historical significance. Tribes may
obtain further information on specific
activities that may be available for
inclusion in a self-governance funding
agreement.
Some elements of the following nonexclusive list of AVSO programs,
functions, services and activities may be
eligible for inclusion in a selfgovernance funding agreement:
• Appraisal and valuation functions for
Indian trust and restricted fee real
property
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
54653
• Appraisal review function for
appraisals prepared for Departmental
use
• Appraisal and valuation functions for
Federal real property
• Appraisals and evaluation functions
for Indian and Federal minerals
• Real property consultation services
The MOU between the Tribe/
Consortium and AVSO outlines the
roles and responsibilities for the
performance of the AVSO program by
the Tribe/Consortium. An MOU will be
negotiated between the Tribe/
Consortium and AVSO, which will be
binding on both parties and attached
and incorporated into the OSG funding
agreement. If a Tribe/Consortium
decides to assume the operation of an
AVSO program, the new funding for
performing that program will come from
AVSO program dollars. A Tribe’s newlyassumed operation of an AVSO program
will be reflected in the Tribe’s OSG
funding agreement.
IV. Funding Agreements Between SelfGovernance Tribes and Non-BIA
Bureaus of the Department of the
Interior for Fiscal Year 2023
This section provides information on
the Tribes with which the Department
of the Interior’s non-BIA Bureaus have
entered self-governance funding
agreements for fiscal year 2023. The
Department is exploring ways to make
available a historic list of agreements in
prior fiscal years.
A. Bureau of Land Management
The Bureau of Land Management has
entered funding agreements with the
following Tribes for fiscal year 2023:
• Council of Athabascan Tribal
Governments; and
• Duckwater Shoshone Tribe of the
Duckwater Reservation.
B. Bureau of Reclamation
The Bureau of Reclamation has
entered funding agreements with the
following Tribes for fiscal year 2023:
• Gila River Indian Community of the
Gila River Indian Reservation;
• Hoopa Valley Tribe;
• Karuk Tribe; and
• Yurok Tribe of the Yurok
Reservation.
C. Office of Natural Resources Revenue
The Office of Natural Resources
Revenue has entered no funding
agreements with any Tribes for fiscal
year 2023.
D. National Park Service
The National Park Service has entered
into funding agreements with the
following Tribes for fiscal year 2023:
E:\FR\FM\11AUN1.SGM
11AUN1
54654
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
• Grand Portage Band of Lake
Superior Chippewa Indians—Minnesota
Chippewa Tribe and Grand Portage
National Monument;
• Wyandotte Nation and River Raisin
National Battlefield;
• Kawerak, Inc. and Bering Land
Bridge National Preserve;
• Pueblo of Santa Clara and Valles
Caldera National Preserve; and
• Yurok Tribe of the Yurok
*COM007*Reservation and Redwood
National Park
E. Fish and Wildlife Service
The Fish and Wildlife Service has
entered a funding agreement with the
following Tribe for fiscal year 2023:
• Council of Athabascan Tribal
Governments.
V. Authority
This notice is published in the
exercise of authority delegated by the
Secretary of the Interior to the Assistant
Secretary—Indian Affairs by 209
Departmental Manual 8.1.
F. U.S. Geological Survey
The U.S. Geological Survey has
entered no self-governance funding
agreements with any Tribes for fiscal
year 2023.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–17192 Filed 8–10–23; 8:45 am]
G. Bureau of Trust Fund Administration
The Bureau of Trust Fund
Administration has entered a funding
agreement with the following Tribe for
fiscal year 2023:
• Confederated Salish and Kootenai
Tribes of the Flathead Reservation.
lotter on DSK11XQN23PROD with NOTICES1
H. Appraisal and Valuation Services
Office
The Appraisal and Valuation Services
Office has entered funding agreements
with the following Tribes for fiscal year
2023:
• Quapaw Nation;
• Morongo Band of Mission Indians;
• Muckleshoot Indian Tribe;
• Pueblo of Taos;
• Confederated Tribes of the Umatilla
Indian Reservation;
• Association of Village Council
Presidents;
• Kawerak, Inc.;
• Native Village of Tanana;
• Tanana Chiefs Conference (includes
Gwichyaa Gwich’in, aka Fort Yukon);
• Central Council of the Tlingit and
Haida Indian Tribes;
• Cherokee Nation;
• The Choctaw Nation of Oklahoma;
• Eastern Shawnee Tribe of
Oklahoma;
• The Muscogee (Creek) Nation;
• Wyandotte Nation;
• Oneida Nation;
• Confederated Salish and Kootenai
Tribes of the Flathead Reservation;
• Lummi Tribe of the Lummi
Reservation;
• Port Gamble S’Klallam Tribes;
• Confederated Tribes of Siletz
Indians of Oregon;
VerDate Sep<11>2014
16:59 Aug 10, 2023
Jkt 259001
• Hoopa Valley Tribe;
• Redding Rancheria;
• Chippewa Cree Indians of the
Rocky Boy’s Reservation;
• Absentee-Shawnee Tribe of Indians
of Oklahoma;
• Citizen Potawatomi Nation,
Oklahoma;
• Kaw Nation, Oklahoma;
• Sac and Fox Nation, Oklahoma;
• Salt River Pima-Maricopa Indian
Community of the Salt River
Reservation;
• Shoshone-Paiute Tribes of the Duck
Valley Reservation, Nevada; and
• The Osage Nation.
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/
A0A501010.999900]
Indian Entities Recognized by and
Eligible To Receive Services From the
United States Bureau of Indian Affairs
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
current list of 574 Tribal entities
recognized by and eligible for funding
and services from the Bureau of Indian
Affairs (BIA) by virtue of their status as
Indian Tribes.
DATES: The list is updated from the
notice published on January 12, 2023
(88 FR 2112).
FOR FURTHER INFORMATION CONTACT: Ms.
Johnna Blackhair, Bureau of Indian
Affairs, Acting Deputy Director, Office
of Indian Services, Mail Stop 3645–MIB,
1849 C Street NW, Washington, DC
20240. Telephone number: (202) 513–
7641.
SUMMARY:
This
notice is published pursuant to section
104 of the Act of November 2, 1994
(Pub. L. 103–454; 108 Stat. 4791, 4792),
in accordance with section 83.6(a) of
part 83 of Title 25 of the Code of Federal
Regulations, and in exercise of authority
delegated to the Assistant Secretary—
Indian Affairs under 25 U.S.C. 2 and 9
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
and 209 DM 8. Published below is an
updated list of federally recognized
Indian Tribes within the contiguous 48
states and Alaska. Amendments to the
list include formatting edits and name
changes.
This update returns to the List: (1) the
Native Village of Venetie Tribal
Government; and (2) Pribilof Islands
Aleut Communities of St. Paul & St.
George Islands. On January 28, 2022, the
BIA published its list of Tribal entities
recognized by and eligible for BIA
funding and services by virtue of their
status as Indian tribes (‘‘2022 List’’). The
2022 List, as well as the subsequent List
published on January 12, 2023, included
a clarification on the listing of the
Native Village of Venetie Tribal
Government and Pribilof Islands Aleut
Communities of St. Paul & St. George
Islands, and removed those groups from
the List of tribes. Upon further review,
the BIA has withdrawn that clarification
and returns these Alaska Native entities
to the List as set forth in 1993 and every
year thereafter until the 2022 list.
The listed Indian entities are
recognized to have the immunities and
privileges available to federally
recognized Indian Tribes by virtue of
their Government-to-Government
relationship with the United States as
well as the responsibilities, powers,
limitations, and obligations of such
Indian Tribes. The BIA has continued
the practice of listing the Alaska Native
entities separately for the purpose of
facilitating identification of them.
There is a total of 347 federally
recognized Indian Tribes within the
contiguous 48 states and 227 federally
recognized Tribal entities within the
state of Alaska that comprise the 574
federally recognized Indian Tribes of the
United States.
Bryan Newland,
Assistant Secretary—Indian Affairs.
Indian Tribal Entities Within the
Contiguous 48 States Recognized by
and Eligible To Receive Services From
the United States Bureau of Indian
Affairs (347 Federally Recognized
Indian Tribes Within the Contiguous 48
States)
Absentee-Shawnee Tribe of Indians of
Oklahoma
Agua Caliente Band of Cahuilla Indians
of the Agua Caliente Indian
Reservation, California
Ak-Chin Indian Community
Alabama-Coushatta Tribe of Texas
Alabama-Quassarte Tribal Town
Alturas Indian Rancheria, California
Apache Tribe of Oklahoma
Assiniboine and Sioux Tribes of the Fort
Peck Indian Reservation, Montana
E:\FR\FM\11AUN1.SGM
11AUN1
]]>Agencies
[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54649-54654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17192]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Fiscal Year 2023 List of Programs Eligible for Inclusion in
Funding Agreements Negotiated With Self-Governance Tribes by Interior
Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024
Programmatic Targets
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice lists: fiscal year 2024 programmatic targets for
each of the non-Bureau of Indian Affairs (BIA) bureaus in the
Department of the Interior (Department), pursuant to title IV of the
Act, as amended, and list of fiscal year 2023 programs or portions of
programs eligible for inclusion in self-governance funding agreements
with Indian Tribes. Revisions to this list are based upon feedback
received during Tribal Consultations held in January 2023 on what
information would be most helpful to Indian Tribes seeking ways to
develop collaborative arrangements in the co-stewardship of Federal
lands and waters.
DATES: Programs on this list are eligible for inclusion in self-
governance funding agreements until September 30, 2024.
ADDRESSES: Inquiries or comments regarding this notice may be directed
to the bureau-specific points of contact listed below.
FOR FURTHER INFORMATION CONTACT: Contacts from the following bureaus
and offices are available to answer questions:
Office of Self Governance: Vickie Hanvey, Program Policy
Analyst, Office of Self Governance; telephone: (918) 931-0745; email:
[email protected].
Bureau of Land Management: Byron Loosle, Division Chief
for National Conservation Lands; telephone: (202) 302-1442; email:
[email protected].
Bureau of Reclamation: Mr. Kelly Titensor, Native American
Affairs Advisor; telephone: (202) 513-0558; email: [email protected].
Office of Natural Resources Revenue: Bethany Hagen-
Templin, Tribal Liaison Officer; telephone: 303-231-3667; email:
[email protected].
National Park Service: Dorothy FireCloud, Native American
Affairs Liaison; telephone: (202) 354-2090; email:
[email protected].
U.S. Fish and Wildlife Service: Scott Aikin, National
Native American Programs Coordinator; telephone:(202) 285-3411; email:
[email protected].
U.S. Geological Survey: Chris Hammond, Head, Office of
Tribal Relations: telephone: (703) 648-6621; email: [email protected].
Bureau of Trust Funds Administration: Lee Frazier, Program
Analyst; telephone: (202) 208-7587; email: [email protected].
Appraisal and Valuation Services Office (AVSO): Eldred F.
Lesansee, Associate Deputy Director, Office of Tribal Sovereignty;
telephone: (505) 414-3805; email: [email protected].
Alternatively, inquiries may also be submitted by mail to:
Director, Office of Self Governance, 1849 C Street NW--3624 MIB. U.S.
Department of the Interior, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: Title IV of the Indian Self-Determination
and Education Assistance Act (Act), Public Law 93-638, instituted a
permanent self-governance program for each of the Department bureaus
other than the BIA. Under the self-governance program, certain
programs, services, functions, and activities, or portions thereof, in
Department bureaus other than the BIA are eligible to be planned,
conducted, consolidated, and administered by a self-governance Tribe.
Section 412(c) of the Act requires the Secretary of the Interior
(Secretary) to annually publish a list of, and programmatic targets
for, non-BIA programs, services, functions, and activities, or portions
thereof, that are eligible for inclusion in agreements negotiated under
the self-governance program.
I. Background
Two kinds of non-BIA programs are eligible for self-governance
funding agreements. section 403(b)(2) of the Act provides that any non-
BIA program, service, function, or activity that is administered by the
Department that is ``otherwise available to Indian tribes or Indians''
can be administered by a Tribe through a self-governance funding
agreement. The Department interprets this provision to authorize the
inclusion of programs eligible for self-determination contracts under
title I of the Act. Section 403(b)(2) also specifies, ``nothing in this
subsection may be construed to provide any tribe with a preference with
respect to the opportunity of the tribe to administer programs,
services, functions, and activities, or portions thereof, unless such
preference is otherwise provided for by law.'' Section 403(c) of the
Act adds that the Secretary may include other programs, services,
functions, and
[[Page 54650]]
activities or portions thereof that are of ``special geographic,
historical, or cultural significance'' to a participating self-
governance Tribe. Subpart G of the self-governance regulations (25 CFR
1000) provides the process and timelines for negotiating self-
governance funding agreements with non-BIA bureaus.
Section 403(k) of the Act provides that funding agreements may not
include programs, services, functions, or activities that are
inherently Federal or where the statute establishing the existing
program does not authorize the type of participation sought by the
Tribe. However, an Indian Tribe (or Tribes) need not be identified in
the authorizing statutes in order for a program or element of a program
to be included in a self-governance funding agreement. While general
legal and policy guidance regarding what constitutes an inherently
Federal function exists, the non-BIA bureaus will determine whether a
specific function is inherently Federal on a case-by-case basis
considering the totality of circumstances.
II. Principles Governing Non-BIA Self-Governance Programs Eligible for
Inclusion in Self-Governance Funding Agreements
In January 2023, the Assistant Secretary--Indian Affairs held three
Tribal Consultations on what information would be most helpful to
Indian Tribes seeking ways to develop collaborative arrangements in the
co-stewardship of Federal lands and waters. The Department received
three oral comments and two written comments:
Two of the oral comments asked for the location of the
list of non-BIA programs. This Federal Register constitutes the
Department's listing of eligible programs. The Department welcomes
feedback on ways in which the list may be further improved. The final
oral comment asked that any future list identify all non-BIA programs
which may be eligible for integration into a Tribal plan under Public
Law 102-477. The Department is unable to determine whether
implementation of a non-BIA program in a specific instance would meet
the purposes set forth in 25 U.S.C. 3404(a)(1)(A), before a Tribe
proposes integration. Nevertheless, the Department is firmly committed
to promoting Tribal sovereignty through the integration of programs and
funds from the Department of the Interior in a Tribal plan under Public
Law 102-477, including from non-BIA programs.
The first written comment was from the Department's
Appraisal and Valuation Services Office (AVSO). That comment shared
that one Tribe has assumed AVSO's operations, that AVSO has not
experienced significant growth of Tribes contracting, and that AVSO
believes additional guidance on the principles governing contracting,
self-governance agreements, and compacting under the Act should be
included in the List.
The second written comment was from a Tribe and asked that
agencies strive for consensus with Tribes and a mutually desired
outcome. The Tribal comment also asks that the List include all current
and expired contracts and compacts, establish a searchable database of
all funding agreements and compacts, designate self-governance contacts
in all Department bureaus, and create a guidance document for non-BIA
self-governance programs.
Based on feedback from Consultation, the Department includes in
this year's Federal Register Notice general guidance on principles
governing non-BIA self-governance programs eligible for inclusion in
self-governance funding agreements. As a foundational matter, self-
governance compacts may include federal programs, services, functions,
or activities administered by the Department other than through the
Bureau of Indian Affairs that are otherwise available to Indian tribes
or Indians. Self-governance compacts may also include other programs,
services, functions, and activities, or portions thereof which are of
special geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact. The Department has
interpreted this language as granting the government discretion to fund
programs that may coincidentally benefit Indians but that are national
in scope and are not by definition programs for the benefit of Indians
because of their status as Indians.
Pursuant to S.O. 3403, the Departments' agencies have a directive
to facilitate agreements with Tribes to collaborate in the co-
stewardship of Federal lands and waters and to strengthen Tribal
homelands. Pursuant to Executive Order 13175, the Department supports
Tribal sovereignty and self-determination, and encourages Indian Tribes
to develop their own policies to achieve the objectives of the Act for
non-BIA Programs. Where possible, the Department will defer to Indian
Tribes to establish standards for non-BIA Programs. Together, these
policy documents demonstrate, and the Department reiterates, a desire
to further inclusion of non-BIA programs in self-governance funding
agreements.
III. Programmatic Target for Fiscal Year 2024
The programmatic target for fiscal year 2024 provides that, upon
request of a self-governance Tribe, each non-BIA bureau will negotiate
funding agreements for its eligible programs beyond those already
negotiated.
Self-governance compacts may include programs, services, functions,
or activities administered by the Department other than through the BIA
that are otherwise available to Indian tribes or Indians and may also
include other programs, services, functions, and activities, or
portions thereof, administered by the Secretary of the Interior which
are of special geographic, historical, or cultural significance to the
participating Indian tribe requesting a compact. This grants the
Department the discretion to fund programs that may coincidentally
benefit Indians but that are national in scope and are not by
definition programs for the benefit of Indians because of their status
as Indians.
This section lists by bureau examples of the types of non-BIA
programs, or portions thereof, that may be eligible for self-governance
funding agreements because they are either ``otherwise available to
Indians'' under title I of the Act and not precluded by any other law,
or that may have ``special geographic, historical, or cultural
significance'' to a participating Tribe. The list represents examples
of the programs that may be available to Tribes under a self-governance
funding agreement, and is neither complete, exhaustive, nor indicative
of a final determination on any program.
The Department may include in funding agreements other programs or
activities not listed below which, upon request of a self-governance
Tribe, the Department determines to be eligible under either sections
403(b)(2) or 403(c) of the Act. Tribes interested in doing so are
encouraged to begin discussions with the appropriate non-BIA bureau.
The Secretary of the Interior, the Secretary of Agriculture, and
the Secretary of Commerce have issued Joint Secretarial Order No. 3403
on fulfilling the trust responsibility to Tribes in the stewardship of
Federal lands and waters. Pursuant to S.O. 3403, the Department is
committed to facilitating agreements with Tribes for the collaborative
and cooperative stewardship of Federal lands and waters.
A. Eligible Bureau of Land Management Programs
Congress tasked the Bureau of Land Management (BLM) with a mandate
of
[[Page 54651]]
managing public lands for a variety of uses such as energy development,
livestock grazing, recreation, and timber harvesting while ensuring
natural, cultural, and historic resources are maintained for present
and future use. BLM carries out some of its public land management
activities through contracts and cooperative agreements. These and
other activities may be available for inclusion in self-governance
funding agreements depending upon availability of funds, the need for
specific services, and the self-governance Tribe's demonstration of a
special geographic, cultural, or historical significance. Tribes may
obtain further information on specific activities that may be available
for inclusion in a self-governance funding agreement from the relevant
BLM State office.
Some elements of the following non-exclusive list of BLM programs
may be eligible for inclusion in a self-governance funding agreement:
Minerals Management Inspection, Enforcement, and
Production. Verification of Indian coal and sand and gravel operations
is already available for contracting under title I of the Act and,
therefore, may be available for inclusion in a funding agreement. In
addition, in a study conducted pursuant to Secretarial Order 3377, the
Department of the Interior Office of the Solicitor determined that the
following functions are available for inclusion in a funding agreement:
inspection and enforcement of Indian oil and gas operations;
determining trust land locations; approving applications for permits to
drill; securing and enforcing bonds (for surface of spill estate); and
providing mineral assessments and valuation;
Cadastral Survey. Tribal and allottee cadastral survey
services are already available for contracting under title I of the Act
and, therefore, may be available for inclusion in a funding agreement;
Cultural Heritage. Cultural heritage activities such as
research and inventory may be available in specific States;
Natural Resources Management. Activities such as
silvicultural treatments, timber management, cultural resource
management, watershed restoration, environmental studies, tree
planting, and tree thinning may be available in specific States;
Range Management. Activities such as revegetation, noxious
weed control, fencing, construction and management of range
improvements, grazing management experiments, and range monitoring may
be available in specific States;
Riparian Management. Activities such as facilities
construction, erosion control, and rehabilitation may be available in
specific States;
Recreation Management. Activities such as facilities
construction and maintenance, and interpretive design and interpretive
construction, and similar activities may be available in specific
States;
Wildlife and Fisheries Habitat Management. Activities such
as construction and maintenance; implementation of statutory,
regulatory, and policy or administrative plan-based species protection;
and interpretive design and construction and similar activities may be
available in specific States; and
Wild Horse Management. Activities such as wild horse
roundups, adoption, and disposition, including operation and
maintenance of wild horse facilities, may be available in specific
States.
B. Eligible Bureau of Reclamation Programs
The mission of the Bureau of Reclamation (Reclamation) is to
manage, develop, and protect water and related resources in an
environmentally and economically sound manner in the interest of the
American public. Reclamation water resources projects provide water for
agricultural, municipal, and industrial water supplies use;
hydroelectric power generation; flood control; enhancement of fish and
wildlife habitats; and outdoor recreation. To this end, most of
Reclamation's activities involve the construction, operation,
maintenance, and management of water resources projects and associated
facilities, as well as research and development related to
Reclamation's responsibilities. Upon the request of a self-governance
Tribe, Reclamation will consider including programs or activities which
Reclamation determines to be eligible under section 403(b)(2) or 403(c)
of the Act in self-governance funding agreements.
Some elements of the following non-exclusive list of Reclamation
water resource projects, which was developed with consideration of
their proximity to identified self-governance Tribes, may be eligible
for inclusion in a self-governance funding agreement:
Klamath Project, California and Oregon;
Trinity River Fishery, California;
Central Arizona Project, Arizona; and
Indian Water Rights Settlement Projects, as authorized by
Congress.
C. Eligible Office of Natural Resources Revenue Programs
The Office of Natural Resources Revenue (ONRR) collects, accounts
for, verifies, and distributes mineral revenues from both Federal and
Indian mineral leases. ONRR also evaluates industry compliance with
laws, regulations, and lease terms, and offers mineral-owning Tribes
opportunities to become involved in ONRR programs that address the
intent of Tribal self-governance, providing self-governance Tribes with
good preparation for assuming other technical functions. ONRR program
functions are generally available to Tribes pursuant to the Federal Oil
and Gas Royalty Management Act of 1983 (FOGRMA; 30 U.S.C. 1701 et
seq.).
The following ONRR program functions may be eligible for inclusion
in a self-governance funding agreement:
Audit of Tribal Royalty Payments. Audit activities for
Tribal leases, except for the issuance of orders, final valuation
decisions, and other enforcement activities. (This program is offered
as an option for Tribes already participating in ONRR cooperative
audits);
Verification of Tribal Royalty Payments. Financial
compliance verification, monitoring activities, and production
verification;
Tribal Royalty Reporting, Accounting, and Data Management.
Establishment and management of royalty reporting and accounting
systems, including document processing, production reporting, reference
data (lease, payor, agreement) management, billing, and general ledger;
Tribal Royalty Valuation. Preliminary analysis and
recommendations for valuation, and allowance determinations and
approvals; and
Royalty Internship Program. An orientation and training
program for auditors and accountants from mineral-producing Tribes to
acquaint Tribal staff with royalty laws, procedures, and techniques.
This program is recommended for Tribes that are considering a self-
governance funding agreement but have not yet acquired mineral revenue
expertise via a 30 U.S.C. 1732 cooperative agreement (FOGRMA; Pub. L.
97-451, section 202), as this term is defined in FOGRMA and
implementing regulations at 30 CFR 228.4.
D. Eligible National Park Service Projects
The mission of the National Park Service (NPS) is to preserve the
[[Page 54652]]
unimpaired natural and cultural resources and values of the National
Park System for the enjoyment, education, and inspiration of this and
future generations.
The NPS administers the National Park System, which provides
resource park management technical, operational, and training
assistance to Tribal Governments. NPS consists of 420+ national parks,
monuments, historic sites, battlefields, seashores, lake shores and
recreation areas. NPS units protect natural and cultural resources on
these Federal lands and conduct a range of visitor services such as law
enforcement, park maintenance, and interpretation of geology, history,
and natural and cultural resource management.
NPS projects listed below may be eligible for inclusion in a self-
governance funding agreement. Proximity to an NPS unit is not a barrier
for entering into such an agreement and should be based on shared
stewardship goals where associated Tribal interests are shared with
unit operations. All NPS units sit on Indigenous homelands and bear
Indigenous interests and unique oral histories.
The list below is not all inclusive, but is representative of the
types of elements of projects which may be eligible for Tribal
participation through self-governance funding agreements:
Archaeological Surveys
Climate Change Planning, Mitigation, and Adaptation Projects
Comprehensive Management Planning
Cultural Landscape Study and Maintenance
Cultural Resource Management Projects
Ethnographic Studies
Erosion Control
Fire Protection and Training
Post-Fire Stabilization and Rehabilitation Projects
Gathering Baseline Subsistence Data--Alaska
Hazardous Fuel Reduction
Housing Construction and Rehabilitation
Interpretation and Education--to Include Programs, Signage,
Vendors, Demonstrations, Multi-Media
Interpreting Tribal History
Janitorial Services
Preservation and Perpetuation of Language & Tribal Lifeways
Maintenance
Management and Care of Museum Collections
Natural Resource Management Projects
Operation and Maintenance of Campgrounds, Serpentine, Marinas,
and Other Administrative Facilities
Preservation and Sharing of Cultural and Indigenous Knowledge
Range Assessment--Alaska
Reindeer Grazing--Alaska
Road and Trail Maintenance, Repairs, and Upgrades
Shelter Cabin Maintenance and Upgrades
Solid Waste Collection and Disposal
Trail Construction and Rehabilitation
Visitor Center services
Youth Projects
Watershed Assessments, Restoration and Maintenance
Beringia Research
Elwha and Other River Restoration Projects
Recycling Projects
Visitor Center Services
Historic Preservation Activities
Self-governance Tribes associated to the various NPS system units
can begin the process by writing a letter of interest to the respective
Park Superintendent.
E. Eligible U.S. Fish and Wildlife Service Programs
The mission of the U.S. Fish and Wildlife Service (Service) is to
conserve, protect, and enhance fish, wildlife, and their habitats for
the continuing benefit of the American people. The Service's primary
responsibilities involve migratory birds, endangered species,
freshwater and anadromous fisheries, and certain marine mammals. The
Service has continuing cooperative relationships with several Indian
Tribes regarding the National Wildlife Refuge System and the Service's
fish hatcheries. Any self-governance Tribe may contact a national
wildlife refuge or national fish hatchery directly concerning
participation in Service programs under the Tribal Self-Governance Act.
The following non-exclusive list of Service programs is
representative of the types of programs that may be eligible for
inclusion in a self-governance funding agreement:
Subsistence programs within the State of Alaska. Evaluate
and analyze data for annual subsistence regulatory cycles and other
data trends related to subsistence harvest needs and facilitate Tribal
Consultation to ensure that title VII terms of the Alaska National
Interest Lands Conservation Act (ANILCA; Pub. L. 96-487) are being met,
as well as activities fulfilling the terms of title VIII of ANILCA;
Technical Assistance, Restoration, and Conservation.
Conduct planning and implementation of population surveys, habitat
surveys, restoration of sport fish, capture of depredating migratory
birds, and habitat restoration activities;
Endangered Species Programs. Conduct activities associated
with the conservation and recovery of threatened or endangered species
protected under the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) or candidate species under the ESA. These activities may include,
but are not limited to, cooperative conservation programs, development
of recovery plans and implementation of recovery actions for threatened
and endangered species, and implementation of status surveys for high-
priority candidate species;
Education Programs. Provide services in interpretation,
outdoor classroom instruction, visitor center operations, and volunteer
coordination both on and off national wildlife refuge lands in a
variety of communities and assist with environmental education and
outreach efforts in local villages;
Environmental Contaminants Program. Conduct activities
associated with identifying and removing toxic chemicals, to help
prevent harm to fish, wildlife, and their habitats. The activities
required for environmental contaminant management may include, but are
not limited to, analysis of pollution data, removal of underground
storage tanks, specific cleanup activities, and field data gathering
efforts;
Wetland and Habitat Conservation Restoration. Provide
services for construction, planning, and habitat monitoring and
activities associated with conservation and restoration of wetland
habitat;
Fish Hatchery Operations. Conduct activities to recover
aquatic species listed under the ESA, restore native aquatic
populations, and provide fish to benefit national wildlife refuges and
Tribes. Such activities may include, but are not limited to tagging,
rearing, and feeding of fish; disease treatment; and clerical or
facility maintenance at a fish hatchery; and
[[Page 54653]]
National Wildlife Refuge Operations and Maintenance.
Conduct activities to assist the National Wildlife Refuge System, a
national network of lands and waters for conservation, management, and
restoration of fish, wildlife and plant resources and their habitats
within the United States. Activities that may be eligible for a self-
governance funding agreement may include, but are not limited to
construction, farming, concessions, maintenance, biological program
efforts, habitat management, fire management, and implementation of
comprehensive conservation planning.
F. Eligible U.S. Geological Survey Programs
The U.S. Geological Survey (USGS) is a scientific research bureau
whose mission is to monitor, analyze, and predict current and evolving
Earth-system interactions and deliver actionable information at scales
and timeframes relevant to decision makers. This information is usually
publicly available and includes reports, maps, databases, and
descriptions and analyses of the water, plants, animals, energy, and
mineral resources, land surface, underlying geologic structure, and
dynamic processes of the earth. The USGS does not manage lands or
resources. Self-governance Tribes may potentially assist the USGS in
the data acquisition and analysis components of USGS's activities.
G. Eligible Bureau of Trust Funds Administration Programs
Secretarial Order 3384, authorized the establishment of the Bureau
of Trust Funds Administration (BTFA) which reports to the Office of the
Assistant Secretary--Indian Affairs. BTFA is responsible for the
management (receipting, investing, disbursing, reconciling and
reporting) of the monetary assets of American Indians held in trust by
the Department of the Interior. BTFA also maintains the official
archive of American Indian Records. This program safeguards millions of
original historic documents that detail the Federal Government's treaty
obligation to Native Americans.
A Tribe operating under self-governance may include the following
programs, services, functions, and activities or portions thereof, in a
funding agreement:
Beneficiary Processes Program (Individual Indian Money
Accounting Technical Functions). The memorandum of understanding (MOU)
between the Tribe/Consortium and BTFA outlines the roles and
responsibilities for the performance of the BTFA program by the Tribe/
Consortium. If those roles and responsibilities are already fully
specified in the existing funding agreement with the Office of Self-
Governance (OSG), an MOU is not necessary. To the extent that the
parties desire specific program standards, an MOU will be negotiated
between the Tribe/Consortium and BTFA, which will be binding on both
parties and attached and incorporated into the OSG funding agreement.
If a Tribe/Consortium decides to assume the operation of a BTFA
program, the new funding for performing that program will come from
BTFA program dollars. A Tribe's newly assumed operation of the BTFA
program(s) will be reflected in the Tribe's OSG funding agreement.
H. Eligible Appraisal and Valuation Services Office Programs
The mission of the Appraisal and Valuation Services Office (AVSO)
is to provide credible, timely, and efficient valuation services to
ensure the Department's fiduciary responsibilities are met for Tribes
and beneficiaries in trust and restricted-fee real property
transactions, and to uphold public trust in Federal real property
transactions. AVSO provides appraisal, valuation, mineral evaluation,
and real property consulting expertise to Indian beneficiaries, Federal
clients, and other stakeholders in accordance with the highest
professional and ethical standards and is responsible for all real
property appraisal and valuation services within the Department of the
Interior. AVSO is comprised of three regions (Western, Central and
Eastern) serving all of Indian Country as well as all DOI bureaus,
agencies and offices. AVSO's Mineral Evaluations Division is tasked
with providing mineral assessments and evaluations for DOI.
These and other activities may be available for inclusion in self-
governance funding agreements depending upon availability of funds, the
need for specific services, and the self-governance Tribe's
demonstration of a special geographic, cultural, or historical
significance. Tribes may obtain further information on specific
activities that may be available for inclusion in a self-governance
funding agreement.
Some elements of the following non-exclusive list of AVSO programs,
functions, services and activities may be eligible for inclusion in a
self-governance funding agreement:
Appraisal and valuation functions for Indian trust and
restricted fee real property
Appraisal review function for appraisals prepared for
Departmental use
Appraisal and valuation functions for Federal real property
Appraisals and evaluation functions for Indian and Federal
minerals
Real property consultation services
The MOU between the Tribe/Consortium and AVSO outlines the roles
and responsibilities for the performance of the AVSO program by the
Tribe/Consortium. An MOU will be negotiated between the Tribe/
Consortium and AVSO, which will be binding on both parties and attached
and incorporated into the OSG funding agreement. If a Tribe/Consortium
decides to assume the operation of an AVSO program, the new funding for
performing that program will come from AVSO program dollars. A Tribe's
newly-assumed operation of an AVSO program will be reflected in the
Tribe's OSG funding agreement.
IV. Funding Agreements Between Self-Governance Tribes and Non-BIA
Bureaus of the Department of the Interior for Fiscal Year 2023
This section provides information on the Tribes with which the
Department of the Interior's non-BIA Bureaus have entered self-
governance funding agreements for fiscal year 2023. The Department is
exploring ways to make available a historic list of agreements in prior
fiscal years.
A. Bureau of Land Management
The Bureau of Land Management has entered funding agreements with
the following Tribes for fiscal year 2023:
Council of Athabascan Tribal Governments; and
Duckwater Shoshone Tribe of the Duckwater Reservation.
B. Bureau of Reclamation
The Bureau of Reclamation has entered funding agreements with the
following Tribes for fiscal year 2023:
Gila River Indian Community of the Gila River Indian
Reservation;
Hoopa Valley Tribe;
Karuk Tribe; and
Yurok Tribe of the Yurok Reservation.
C. Office of Natural Resources Revenue
The Office of Natural Resources Revenue has entered no funding
agreements with any Tribes for fiscal year 2023.
D. National Park Service
The National Park Service has entered into funding agreements with
the following Tribes for fiscal year 2023:
[[Page 54654]]
Grand Portage Band of Lake Superior Chippewa Indians--
Minnesota Chippewa Tribe and Grand Portage National Monument;
Wyandotte Nation and River Raisin National Battlefield;
Kawerak, Inc. and Bering Land Bridge National Preserve;
Pueblo of Santa Clara and Valles Caldera National
Preserve; and
Yurok Tribe of the Yurok Reservation and Redwood National
Park
E. Fish and Wildlife Service
The Fish and Wildlife Service has entered a funding agreement with
the following Tribe for fiscal year 2023:
Council of Athabascan Tribal Governments.
F. U.S. Geological Survey
The U.S. Geological Survey has entered no self-governance funding
agreements with any Tribes for fiscal year 2023.
G. Bureau of Trust Fund Administration
The Bureau of Trust Fund Administration has entered a funding
agreement with the following Tribe for fiscal year 2023:
Confederated Salish and Kootenai Tribes of the Flathead
Reservation.
H. Appraisal and Valuation Services Office
The Appraisal and Valuation Services Office has entered funding
agreements with the following Tribes for fiscal year 2023:
Quapaw Nation;
Morongo Band of Mission Indians;
Muckleshoot Indian Tribe;
Pueblo of Taos;
Confederated Tribes of the Umatilla Indian Reservation;
Association of Village Council Presidents;
Kawerak, Inc.;
Native Village of Tanana;
Tanana Chiefs Conference (includes Gwichyaa Gwich'in, aka
Fort Yukon);
Central Council of the Tlingit and Haida Indian Tribes;
Cherokee Nation;
The Choctaw Nation of Oklahoma;
Eastern Shawnee Tribe of Oklahoma;
The Muscogee (Creek) Nation;
Wyandotte Nation;
Oneida Nation;
Confederated Salish and Kootenai Tribes of the Flathead
Reservation;
Lummi Tribe of the Lummi Reservation;
Port Gamble S'Klallam Tribes;
Confederated Tribes of Siletz Indians of Oregon;
Hoopa Valley Tribe;
Redding Rancheria;
Chippewa Cree Indians of the Rocky Boy's Reservation;
Absentee-Shawnee Tribe of Indians of Oklahoma;
Citizen Potawatomi Nation, Oklahoma;
Kaw Nation, Oklahoma;
Sac and Fox Nation, Oklahoma;
Salt River Pima-Maricopa Indian Community of the Salt
River Reservation;
Shoshone-Paiute Tribes of the Duck Valley Reservation,
Nevada; and
The Osage Nation.
V. Authority
This notice is published in the exercise of authority delegated by
the Secretary of the Interior to the Assistant Secretary--Indian
Affairs by 209 Departmental Manual 8.1.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2023-17192 Filed 8-10-23; 8:45 am]
BILLING CODE 4337-15-P
